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When your personal safety or your children’s safety is at risk, the law provides tools to help you act quickly. In Texas, protective and restraining orders are powerful legal mechanisms designed to prevent harassment, abuse, and contact from individuals who pose a threat.
At the Law Office of Ben Carrasco, we represent individuals across Travis, Williamson, and Hays Counties who need immediate legal protection or must respond to an order filed against them. Ben Carrasco is Board-Certified in Family Law by the Texas Board of Legal Specialization. As a trusted restraining order lawyer, he leverages more than a decade of experience handling high-conflict family and domestic cases in Austin courts.
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A protective order—sometimes called a restraining order—is a legal boundary backed by the court’s authority. Violating it can result in criminal penalties, including fines and jail time. For victims of domestic violence, stalking, threats, or coercive control, these orders provide critical safety and peace of mind.
The process of securing a protective order can be emotional and intimidating. Many clients seek guidance from a protective order attorney after experiencing escalating threats, harassment, or violence during or after a divorce or child custody dispute. Our role is to ensure your petition is complete, your evidence is compelling, and your rights are fully protected.
If you believe you or your child is in danger, you don’t have to wait. Contact an Austin protective order lawyer for immediate assistance.
Under Texas Family Code §82, a protective order is a court order designed to prevent acts of family violence, stalking, or sexual assault. It restricts the alleged offender—called the respondent—from contacting, threatening, or coming near the protected party (the applicant).
A restraining order (often called a “temporary restraining order” or TRO) serves a similar purpose but is typically used in civil family law cases such as divorce or custody disputes. TROs may prohibit actions like removing children from the jurisdiction, emptying bank accounts, or harassing the other spouse while the case is pending.
Although the terms are sometimes used interchangeably, the two differ:
| Type of Order | Purpose | Issued In | Duration |
|---|---|---|---|
| Protective Order | Prevents family violence, stalking, or threats | Criminal or civil family court | Up to 2 years (can be extended) |
| Restraining Order (TRO) | Prevents misconduct or interference during pending cases | Civil family court | 14 days (can be extended until hearing) |
An experienced restraining order lawyer will help you understand which order you need and enforce it, ensuring your safety and a successful case outcome.
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512-320-9126
Texas law recognizes several types of protective orders, each suited to different situations and levels of risk. Knowing the distinctions helps ensure you pursue an appropriate legal remedy.
If there’s an immediate threat of harm, the court can issue a temporary ex parte order without notifying the alleged abuser. This order can last up to 20 days and is meant to provide rapid protection until a full hearing is held. The judge must find that there is a clear and present danger of family violence based on the applicant’s sworn affidavit and supporting evidence.
After a hearing where both parties can present evidence, the court may issue a final or permanent protective order if it finds that family violence has occurred and is likely to occur again. These orders generally last up to two years but can be extended in cases involving serious injury, repeated violence, or felony offenses.
Commonly called an Emergency Protective Order, a MOEP is issued by a criminal magistrate immediately after an arrest for domestic violence, sexual assault, or stalking. This order takes effect immediately and typically lasts from 31 to 91 days, depending on the circumstances. Victims don’t have to file for this order, as the court can issue it automatically upon arrest.
In family law, a Temporary Restraining Order is not a criminal order. It’s a civil measure used to maintain peace during a divorce or custody proceeding. TROs can prohibit one spouse from harassing the other, destroying property, or taking actions that could harm the marital estate or children. After 14 days, a hearing determines whether the TRO will become a temporary injunction.
Protective orders are designed to intervene before violence escalates or to stop ongoing abuse. Texas law allows individuals to seek protection when they have experienced or reasonably fear acts of family violence, stalking, sexual assault, or harassment.
Common situations that justify seeking a protective order include:
Protective orders are not limited to spouses. They can protect current or former dating partners, household members, relatives, and children.
In every case, Ben Carrasco helps clients gather police reports, text messages, photographs, and witness statements to strengthen their petition and demonstrate the immediate need for court protection.
If you believe you’re in danger, contact an Austin restraining order attorney right away. Waiting too long to act can increase the risk of harm and complicate your case.
Filing for a protective order involves several legal steps. Having experienced representation from a restraining order attorney is crucial—errors in filing or missed hearings can delay or deny the protection you need.
Here’s how the process typically works in Travis County and surrounding areas:
Protective and restraining orders can significantly influence the outcome of a divorce or child custody case. Courts are required to prioritize child safety and the prevention of family violence when making final decisions under the Texas Family Code.
Here’s how protective orders can affect key aspects of family law:
If a court determines that family violence has occurred, it may:
These restrictions aim to protect the child’s physical and emotional well-being while maintaining a connection to both parents when safe to do so.
Evidence of abuse can influence a court’s decision on spousal maintenance or temporary financial support. A spouse who is found to have committed family violence within two years of filing for divorce may be ordered to pay spousal maintenance under Texas law.
When family violence is proven, the court can consider it a “just and right” factor during the division of community property. This may result in a disproportionate award to the victimized spouse.
TROs are often used to prevent one spouse from:
Violating a TRO can result in contempt of court, fines, and even jail time.
Because the legal consequences are severe, anyone subject to a restraining or protective order should consult an experienced Austin family law attorney immediately to understand their obligations and avoid violations.
Once a court issues a protective order, both parties must understand their rights and responsibilities under Texas law. Violating a protective order is a criminal offense, and enforcement is taken seriously by local law enforcement and family courts.
For the Protected Party
If you are the protected party:
Protective orders are not permanent barriers. They can be modified or extended depending on the situation. For example, a final protective order can be extended beyond two years if the abuser caused serious bodily injury or was convicted of a felony involving family violence.
For the Restrained Party
If you are the restrained individual (the respondent):
When safety and freedom are on the line, you need precision, experience, and advocacy. Ben Carrasco, an Austin restraining order lawyer, brings all three.
At the Law Office of Ben Carrasco, we understand that protective order cases are deeply personal. Every detail matters. Ben works closely with clients to file quickly, build strong evidentiary support, and advocate aggressively in court.
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512-320-9126Technically, you can file for a protective or restraining order without a lawyer—but it’s rarely advisable. The process involves detailed filings, strict evidence standards, and court appearances. Working with a skilled restraining order lawyer ensures your petition is airtight and helps you avoid procedural errors that can delay protection.
Under Texas Family Code §82, a protective order may be granted if family violence has occurred and is likely to happen again. The court must find sufficient evidence to justify protection for the applicant and household members.
The petitioner must prove by a “preponderance of the evidence,” meaning it is more likely than not that family violence occurred and may happen again. This standard is lower than the “beyond a reasonable doubt” standard that applies in criminal cases.
Restraining and protective order cases in Texas are handled by family law attorneys, especially those experienced in domestic violence, custody disputes, and divorce.
A protective order is a legal order intended to prevent acts of violence or harassment, often with criminal enforcement mechanisms. A restraining order, on the other hand, is usually part of a civil family case and is meant to preserve the status quo—such as preventing asset dissipation or harassment—during ongoing litigation.
If you or your children are in danger, time matters. The sooner you connect with an Austin restraining order law firm, the stronger your legal protection will be. Whether you need help filing for a protective order, responding to one, or understanding how it affects your divorce or custody case, Ben Carrasco provides the experienced guidance you need.
At the Law Office of Ben Carrasco, every client receives:
Don’t wait until the situation escalates. Take control of your safety and your future today. Schedule your confidential consultation with a restraining order lawyer today.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
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